Neighbor Encroaching On My Property

Steve McLinden @bankrate. “My neighbor’s tree has branches crossing over my fence. A quarrel over real estate property and boundary line disputes can raise questions of perplexity or uncertainty. The neighbor had three acres and we each had about an acre each. I would like it removed from my property. Neighbors tree is encroaching in my property answered by expert civil lawyer. " Many people are under the impression that it is all right to remove anything that is growing over their property. SS, I had the same problem at my last house, I called the city and was told I could cut right to the property line. Can I trim my neighbor's tree branches if they hang over my yard? Yes. He asked his neighbor to trim the overhanging limbs, but the neighbor vehemently said "no. How to deal with neighbors that encroach on your property. He put in the wooden curb and recently put in the stakes to keep plows, cars from hitting his curb. Fence builders must be well versed in locating property lines to avoid encroachment. However it has been know for a neighbor to tell a nosy neighbor they are incorrect for makings an assumption which is incorrect. I have lived here for twenty five years. This may motivate your neighbor to agree to the quit claim deed process. The angle of those upland property lines is irrelevant to a riparian bottomland apportionment. By my reading of the "Nuisance Trees: Encroaching branches and tree roots" fact sheet above, it sounds to me like a self-help situation in which the neighbor would have the right to trim the tree at his own expense back to the property line, provided that the tree's overhanging branches constitute a nuisance and that doing so would not. “My neighbor’s tree has branches crossing over my fence. I have the same problem with my neighbors fence on my property. I called the City and was told he never got a permit for the carport or widening the driveway. To take another's possessions or rights gradually or stealthily: encroach on a neighbor's land. Intruding tree roots and branches can be taken as trespass which a property owner does not have right to maintain. If that fails, you may have to contact the local government or take your. Shouldn't her Realtor or the seller's Realtor have. Our Neighbors Planted Trees On Our Property Line, What Can We Do? In order for the fence to properly surround my property the trees will have to come down. However, this is not always true. What Is the Proper Way to File a Complaint about a Neighbor in Neighbors on November 29, 2009 by Staff Writer When you are living in the close quarters of an apartment complex, the last thing you want to do is file a complaint against one of your neighbors. Namely the question, "Am I responsible if a tree falls from my property onto my neighbor's?" Hopefully, this is a question you'll never have to ask. You are wrong: When you go to sell your house, the title company may refuse to issue insurance because the neighbor is on your land. We have been trying for over a year to stop an unauthorized driveway access that our neighbor uses to get to their property. Our neighbors want us to remove the tree, and they have agreed to pay for half. An encroachment may be either on a private land or on a government land. , hacked with a chain saw) substantial parts of the tree and that were on the tree owner's land. The lots are the same size so in essence, I am saving him $2K if I let him tie into my fence because he won't have to install this leg of fence. Does my property have an encumbrance? Part of your due diligence when buying. You might decide that your neighbor’s encroachment doesn’t bother you and do nothing about it. An encroachment or potential claim by a neighbor can be a "cloud" on title. The neighbor (or previous family members) has lived in the home for ~50 years. An easement can also be created without a formal agreement. Tell the neighbor what you learned. The neighbor's workmen were informed of it. Just about every property has an easement. Encroachment. Just knock on the door. Connecticut law also declares that running bamboo that grows beyond a person’s property line is a nuisance (a condition that interferes with the use or enjoyment of one’s property) and is a civil issue for which one can sue for damages, including the cost of removing bamboo that spread to a neighbor’s property. (Easement. The firm’s lawyers will contact your neighbor and seek to resolve the matter through negotiations. Recently, the New Jersey Appellate Division, in the case of Scannavino v. A quarrel over real estate property and boundary line disputes can raise questions of perplexity or uncertainty. As a general rule, you may only trim a neighbor’s encroaching tree up to the boundary line, meaning you may only cut a limb to the point it crosses onto your property, not all the way to the trunk of the tree. I mentioned it to the husband about a week after I got home. If a neighbor is unwilling to remove an encroachment, such as a shed that is partially on another's property, or an overhanging porch addition, a property owner may choose to sell the encroached-upon property to the encroaching property owner. Hello, I am new to the forum and hope someone can please help! Thank you so much. If the roots are pushing onto your property, they are considered an encroachment in the same manner as fences and other physical belongings. Just knock on the door. 18he conferral on the Registrar of a power to distribute shortages under section 102 T of the Transfer of Land Act raises a question of whether compensation should be payable for the resulting loss or deprivation of property rights to an area of land,. He is continually cutting into my property back there, slowly clearing out more and more of my brush. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. They angled it slightly more towards my house as it comes towards the front, thus encroaching on my property line by 2-3 feet where it ends. Most problems with neighbors relate to the rights and responsibili-. Though no agreement existed, the owner did not complain over the years. Disputes arising from a confusion of boundaries may be generally settled by an action at law. What are my options for purchasing a home with my neighbor's detached garage encroaching my property? Find answers to this and many other questions on Trulia Voices, a community for you to find and share local information. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. "lawn", I own wherever it goes. Encroachments - How to Protect Your Boundary Lines. Neighbor eventually gave up on that one. In sum, the Supreme Court in Fancher set a new standard regarding encroaching plants in crowded cities and suburbs. The owner of another lot is demanding that they be allowed to move the access to their land and be allowed to drive through that farm path. Good neighbors can head off disputes about hunting encroachment. The content of this article is intended to provide a general guide to the subject matter. You and your neighbor may both believe you know where your property line is. Connecticut law also declares that running bamboo that grows beyond a person’s property line is a nuisance (a condition that interferes with the use or enjoyment of one’s property) and is a civil issue for which one can sue for damages, including the cost of removing bamboo that spread to a neighbor’s property. Nuisance Trees: Encroaching Branches and Tree Roots Tensions mount when a boundary tree becomes a nuisance to a neighbor on one side of the boundary and not the other. 00 25 years ago. First, your neighbor can sell you that portion of the property. taken four feet of my neighbor's property. What to do when trees go delinquent and encroach on your neighbor's lawn. Using the garage as a fence substitute but does not ninety back out in the back of of garage but instead goes straight back. What can you do about encroachment? You may find that your neighbor's encroachment does not bother you, but as the rightful property owner, you have the right to take whatever action is necessary to remedy the. The neighbor hired an unlicensed day laborer to trim a tree which was encroaching over his property. Real estate Q&A: Help! My neighbor's hedge is encroaching on my property By Gary M. Question: I own a house with a fence around. If the tree is on urban or residential property, then your neighbor has a legal obligation to prevent risks from unsound trees. The Trouble With Trees -- The Law May Be On Your Side, But Mediation Could Bring A Happier Solution. John, like many homeowners, strongly dislikes his neighbor’s gigantic encroaching tree. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor:. (Easement. It turns out the entire fence and at least half of the carport are actually on my property. But the worker also cut (i. , monument, fence, mailbox) to be erected on the property. Tell your other neighbor cutting ivy back does not kill ivy. If he will not split the cost, you will have to pay to have this done and if the survey shows he is encroaching, see a reputable real estate attorney in your area. An encroachment is a legal condition, not a matter of survey, and thus should not be identified as such by a surveyor. Loading Close. Work covered under this agreement will be performed by the applicant (the second party on the encroachment agreement) and ultimately owned and maintained by NCDOT. I have lived here for twenty five years. You have the right by law to do so but remember this only applies to the limbs that extend over the property line. How to deal with neighbors that encroach on your property. Under Connecticut case law, if a tree is growing on one person’s land but its branches or roots encroach on a neighbor’s land, the neighbor can cut off the. The encroachment by my neighbor consists of feeding water runoff onto my property by a directed hose and pump, cutting six of my trees off at the trunks, pushing dirt and stones onto my property with a backhoe vehicle, and excavating 3. Although he can sue you for trespass, your neighbor will not automatically have legal title to the part of your building that is on his land. Who pays for the repairs? If your tree grows in Portland, you're lucky:. Although the neighbor may claim that the occurrence was just a freak accident, you may be. Feel free to share this information with your colleagues, clients, and friends. Three years ago we bought a home that was mostly covered with trees. My neighbor continues to encroach upon my property even after a survey was completed, for which she paid. Trees on a neighbor's property may encroach onto your property. How can I find out how my property is zoned, what uses may be established on the property, and what the applicable setback requirements are for my property? The uses that are allowed on a particular lot are governed by the regulations for the zoning district in which the lot is located and other. At some stage they put up a back garden fence that encroaches two feet past the adjoining wall into our garden. This right is called "self-help. I have owned the property. I hear the wind among the trees Playing the celestial symphonies; I see the branches downward bent, Like keys of some great instrument. Property Encroachment. They are also continuing to trespass into the creek on my property in order to pull random debris out and leave it on my property. An encroachment may be either on a private land or on a government land. A property encroachment means that one of the properties has a structure or some object that protrudes onto the neighboring property. This is so crazy! I have a 2. See picture belowMy house is the red one, the white fence is mine. Encroachments An encroachment is an intrusion upon the property of another without that person's. That way, neighbor can't claim open/hostile encroachment on your property such as to claim ownership via adverse possession, should this go to court. The same holds true for noxious trees. Neighbor's encroaching bamboo is ruining my property. This is a common agreement when a home does not have a location for a leach fiel on the lot. My husband and I recently noticed that our neighbor's juniper tree is coming close to a power line over our home and we want to make sure the heavy winds in our area don't make a tree limb fall onto it. If I allow him to tie into my fence, that means that I will give up 4" x 100' feet of my property that will be inside of "his" fence. from what know is that he was suppose to build the wall 3feet from the boundary. For example, suppose a person builds a fence on her neighbor's adjacent property. I agree that we have to be careful how we label encroaching features. A Complaint to Neighbor can help you fix an issue before it gets out of hand. 10), when branches of a tree overhang or its roots come on to property, the owner may do any of the following. For example, neighbors may reach an easement agreement allowing a partial encroachment to fit a driveway. It’s also the surveyor’s responsibility to conduct thorough observations during the field work and note the extent and nature of any potential encroachment. and have generally used and maintained all of the disputed property since Imoved in. I hope you will not mind my making a small suggestion that could help us maintain a cordial relation. What are my options? I've tried researching the bylaws and I'm not finding any useful. Any monkey with a transit would know the fence was on the wrong property. which is an adjoining property (including. Although the trees were originally planted inside defendant's property line, over the years they have grown so that presently nine are located directly on the boundary with the trunks encroaching onto plaintiff's property variously from one to fourteen inches; the trunk of the tenth tree is located entirely on defendant's property. Many of us have experienced this scenario: a neighbor installs a new light on their property. Property encroachment occurs when one property owner builds something on the property of a neighbor or allows something to protrude onto a neighbor's property, each of. Most problems with neighbors relate to the rights and responsibili-. India has announced a ban on the import, sale and production of e-cigarettes as a global backlash against vaping gathers pace. Though you want to take action to protect your property rights, you also will still have to face your neighbor on a regular basis and likely do not want that relationship to completely sour. This is either on the surveyed property from an adjoining property or right-of-way, or from the surveyed property onto another individual’s land. The law regarding fence and boundary line disputes is a combination of legislative statute and case law. The problems may be minor, such as a barking dog or lack of property maintenance, or major, such as an easement right or disputed property line. First, your neighbor can sell you that portion of the property. On its face, it isn't a particularly tough concept to grasp. The City of Seattle has policies and requirements concerning shrubbery and trees encroaching on the right of way with the following citations from their website: Property owners must trim or remove overhanging trees, plants, shrubs, vegetation or debris which obstructions streets, alleys or sidewalks. If you really love your house and want to keep it in good feng shui shape, it might be best to have a feng shui consultant on-site, where she or he can give you appropriate feng shui cures. My neighbor has three dogs and decided to put up a fence to keep them in her yard. On the one hand, it's not *that* big of a deal, but on the other hand, our yard is small, and a foot is a foot. An easement can also be created without a formal agreement. The rights of utility companies to step foot on your property, as described above, are common, and are referred to as easements in gross. Easements can be bought and sold. Is there any recourse I can take?. Please view our Linkage Policy for more information. I am having a lot of problems with the neighbors for walking my horse along this private road but on the side of my property. Purchasing a house with an encroachment means that you have bought property that a neighboring property owner has encroached on. Encroachment disputes may occur when the neighbour builds a boundary wall or a structure. All these things I could face with perseverance. Maryland property owners are limited to self-help when dealing with plants encroaching on their properties. All I have is my assertion that she has a Turboblast 3000 blower, and the leaves are in my yard. Seattle Times Staff Reporter. Encroaching Tree Branches, Roots, Vines and Leaves: Self-Help is the Rule. See picture belowMy house is the red one, the white fence is mine. (WEB ASV) Exodus 20:17 "You shall not covet your neighbor's house. Further, it states that such use was "with permission of my neighbor. We're in a rowhouse with a small backyard. John, like many homeowners, strongly dislikes his neighbor’s gigantic encroaching tree. I didn't think anything of it until my wife and I had to get a survey done in order to sell our home. i just need your advice on this thanks. However, as the roof slopes down, it may overhang the neighbor's property line by two feet. Then the contractor and/or neighbor went ahead and built the fence on Don's property anyway. A survey should not say that something encroaches. If you encroach upon your neighbor’s land, then your encroachment is a trespass. They are loving children, but that means that in 10 years, these tree roots will also be in my garden, and for long after my elderly neighbor is gone. As a landowner you have a right to compensation if a neighbour’s tree is causing harm or disturbing your enjoyment of your property. Thank you for the information about tree law in California. Laws were passed in 2001 that alter the ways in which contractors can trim trees, while other laws that have existed. Easements can be bought and sold. Now they have cleared down to the dirt a 3 foot path outside this fence and it is on my property. It all depends who made the encroachment. If you encroach upon your neighbor's land, then your encroachment is a trespass. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days. Encroachments: Unwelcome Invaders Property Rights Landowners sooner or later en-counter problems with neighbors. i bought a property 3 years ago but my neighbor who is the firts to build in that area drains all his water through my property and when a complained he told me that the law of nuisance covers him because he is the first to be in that quater so i would be the one to look for a solution to that problem. , branches plug up my roof drains or your roots are breaking up my brick patio) to the encroaching neighbor. The trouble is that my house is right next to the boundary fence so they have dug about a foot away from my property. Beyond understanding where you’re allowed to build or fence, knowing where your property lines is can also have insurance and liability implications. Please view our Linkage Policy for more information. Question: I have just realised my next-door neighbours have purloined a strip of my garden. " Lastly, it includes a release of "any right, title, and interest" which may have been acquired in the property through the above referenced legal concepts of adverse possession and a prescriptive easement. However, the answer will depend on many specific details. An encroachment is a legal condition, not a matter of survey, and thus should not be identified as such by a surveyor. Here are some frequently asked questions on trees, fences, and neighbors. My neighbor has a large Oak Tree that has several branches encroaching over 35 feet onto my property. Our neighbors have built fences that encroach on our property. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property. A big tree on the condo's property has roots encroaching onto my property. He put in the wooden curb and recently put in the stakes to keep plows, cars from hitting his curb. Opening Discussions With Your Neighbor. The following chart provides more information about Florida laws governing property lines, fences, and tree trimming. A property owner can usually use a room in their property as a home office, without needing to apply for planning permission. An easement can also be created without a formal agreement. In this particular case, the plaintiff had the right to trim or remove encroaching branches and roots because they were causing damage to her property; however, a landowner also has the right to trim his/ her neighbor's tree to the property line if the branches. A property encroachment means that one of the properties has a structure or some object that protrudes onto the neighboring property. However, you have a practical problem that mortgage lenders do not like to make mortgages on property where there is a questionable title. SR POLICY EXPLANATION We highly recommend speaking with your neighbor directly about this, honestly and pleasantly. Under common law, a person may cut back any branch (or root) from a neighbour's tree that overhangs or encroaches onto their property. Several years ago my neighbor had his grandkids put a privacy fence in between our houses to replace a chain link fence. When facing a property line dispute, take a deep breath before jumping to conclusions. A surveyors job is to make a determination of where the property line lies and show all factual information on the plan. He put up a fence that is on my property. I hope you will not mind my making a small suggestion that could help us maintain a cordial relation. BUT if your tree encroaches on a neighbor's property, causes a risk to a neighbor or their property, or causes a situation that prevents a neighbor from. You might not even get to keep the fence materials. Dec 22, 2014 · How to deal with neighbors encroaching on your property. A neighbor cannot make you cut a tree down. As a homeowner, you may have to deal with two types of "driveway encroachment. Question: I own a house with a fence around. Your word is subjective. He asked his neighbor to trim the overhanging limbs, but the neighbor vehemently said "no. Then the contractor and/or neighbor went ahead and built the fence on Don's property anyway. If your neighbor's branches are hanging over your yard, you can prune the branches back to the property line as long as you don't destroy the tree or go on your neighbor's property without permission. My neighbors fence is encroaching on my property. , 2007), clearly settles the question of whether the owner of the encroaching tree is responsible for the damage caused to his neighbor’s property. In fact, you could even be considered responsible for its maintenance. The neighbor was caught in action on a. I lost my home and someone bought it but I still own parcel which I paid 10,000. Real Estate - Encroachments Law and Legal Definition Encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. A landowner is not liable to the adjoining property owner for an alleged nuisance caused by overhanging branches and roots from a tree on his or her property; however, the adjoining property owner is legally entitled to trim back, at the adjoining owner's own expense and only up to the property line, any encroaching tree roots or branches and. Instead, each case is decided on its own particular set of facts. The Importance of Enforcing Your Property Lines. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days. Sap and sharp twigs litter both sides of the boundary line. Gallo v Heller, 512, So. Quotes: When a tree on the border of my yard and my neighbor's yard uprooted and leaned precariously into their yard, suspended only by a pine tree, we received quotes from several tree companies. total area encroached is roughly 43. That would have really hacked up the neighbors 4 trees , so I passed this information on to him and he was much more cooperative about cutting the trees back to a reasonable size so that they were no longer causing me greif. Neighbor Law is more than a legal guide—it’s a practical book filled with tips on how to solve problems and restore good neighbor relations. My house and the houses on either side have been through several surveys for various reasons (purchase, pools, fences, and finally foreclosure). My main point is that many people think a judge is there with fairness and equity as the main concern. Nuisance Trees: Encroaching Branches and Tree Roots Tensions mount when a boundary tree becomes a nuisance to a neighbor on one side of the boundary and not the other. On one side of my property outside the boundary, a 3 ft. The new neighbors had a survey done. In fact, you could even be considered responsible for its maintenance. Imus, 2011 UT 19: Boundary By Acquiescence. Neighbor's encroaching bamboo is ruining my property. However, this can be troublesome from a legal standpoint, as you may cause lasting damage to the tree itself. The Importance of Enforcing Your Property Lines. Since you have no control over who your neighbor hires for their remodeling project, your neighbor assumes the risk involved with hiring a disreputable and untrustworthy contractor or construction company. And if the tree had fallen on your property only, we’d assume that you would have no. Encroaching trees, branches, leaves and roots Posted on May 9, 2014 by Bregmans Citizens need to be more tolerant of the inevitable problems caused by the shrinking size of properties and the greater proximity of neighbours and their trees. How can I find out how my property is zoned, what uses may be established on the property, and what the applicable setback requirements are for my property? The uses that are allowed on a particular lot are governed by the regulations for the zoning district in which the lot is located and other. Property Encroachment. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbor’s property, you may be liable for any damage caused. The law only allows for tree trimming and cutting up to the property line. , branches plug up my roof drains or your roots are breaking up my brick patio) to the encroaching neighbor. I walked out and told him to get off my property, which he did. My neighbor continues to encroach upon my property even after a survey was completed, for which she paid. > Complaint Letter Sample > Complaint Letter about A Neighbor. My neighbour’s tree branches or roots are causing damage to my property. Neighbors Trees and Bushes at Property Lines. Tell the neighbor what you learned. They angled it slightly more towards my house as it comes towards the front, thus encroaching on my property line by 2-3 feet where it ends. Feel free to share this information with your colleagues, clients, and friends. To take another's possessions or rights gradually or stealthily: encroach on a neighbor's land. Branches jut out and envelop John's yard in darkness. Encroachments An encroachment is an intrusion upon the property of another without that person's. You likely have a case to bring to the Town Assembly or Licensing Commission (or both). I hear the wind among the trees Playing the celestial symphonies; I see the branches downward bent, Like keys of some great instrument. If my neighbor builds a fence and a survey shows that the fence is on my property, can I remove it? Question Details: My neighbor wants to block me from access to a public easement that we share. Property dispute - Tractor Tales (OT) Forum - Yesterday's Tractors Jump to forum order in days for posts. If normal persons living in the community would regard the encroachment of property in question as definitely offensive, seriously annoying or intolerable, then the encroachment is significant. Attach your survey or plat map highlighting the disputed area. From my experience the most contentious cases are those involving divorce, support and child custody. property in the particular locality. DISPUTES OVER REAL PROPERTY AND BOUNDARY LINES. However, this is not always true. com "A breakdown of Massachusetts laws on neighbor disputes involving trees, fences, and the right to farm. The tree(s) about which I am concerned are not in my neighbour's property but by the road side, who is responsible for them? My neighbour's trees encroach over my boundary, can I cut them back? Your Common Law rights allow you to remove branches overhanging your property back to the boundary without the need to seek your neighbour's permission. Does my property have an encumbrance? Part of your due diligence when buying. If a fence is encroaching on my property, what do I do? Question Details: I paid for a survey to prove encroachment by the neighbor on my property. Neighbors Trees and Bushes at Property Lines. It might be helpful to think about the issue in the context of a spectrum. Attach your survey or plat map highlighting the disputed area. What to do when trees go delinquent and encroach on your neighbor's lawn. and have generally used and maintained all of the disputed property since Imoved in. The ban comes a day after New York became the second US state to. The Importance of Enforcing Your Property Lines. If you discover that your neighbor's fence is on your property, try to find out how the mistake was made, and don't automatically assume that the fence was installed out of spite or without consideration to your property. 2d 215 (Fla. A property encroachment means that one of the properties has a structure or some object that protrudes onto the neighboring property. The Importance of Enforcing Your Property Lines. Our neighbor's fence is about a foot into our property line. When branches have intruded onto your property and become a nuisance, you are permitted to “abate” the nuisance. LETTER OF CONSENT/NON-CONSENT FROM ADJOINING NEIGHBORS FOR REQUEST OF YARD REDUCTION To be completed by the Petitioner. What started as an encroachment could turn into a legal possession through the legal tool of "adverse possession. And if the tree had fallen on your property only, we’d assume that you would have no. My neighbor continues to encroach upon my property even after a survey was completed, for which she paid. Disputes arising from a confusion of boundaries may be generally settled by an action at law. My neighbor comes into my yard and damages my property When your neighbor repeatedly trespasses on your property and causes damage, here are some recommended steps that you can take: Try to understand why your neighbor is doing it. Property Encroachment. Is there a sample letter you can send to a neighbor about his tree overgrowing your I just wanted to let you know that your , which hangs over onto my property, is in need of. An easement can also be created without a formal agreement. To handle a 5′ flag, a fairly serious pole had to be installed in a concrete. Offer to sell your neighbor the encroaching area. *UPDATE* Family Friendly Topics List all sponsors : Friendly Metal Detecting Forums > Other Forums > Family Friendly. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days. As a general rule, when a grass spreads across boundary lines and takes root, it becomes the neighbor’s property. You may be able to compel your neighbor to remove a noxious poison ivy plant, by protecting your rights under Texas’ nuisance laws. My neighbor comes into my yard and damages my property My neighbor keeps trespassing onto my property How can I keep my neighbor's pet from coming into my yard What's the best way to deal with noisy neighbors in my apartment complex? My neighbor leaves things in my yard My neighbor parks their car on my yard. And with tree damage in the news and plenty of winter weather still ahead before spring, now is a good time to clear up what might be a confusing topic for many Nutmeggers. Hire a surveyor to determine the property line, know your local and state laws and try to reach an agreement. A big tree on the condo’s property has roots encroaching onto my property. " Lastly, it includes a release of "any right, title, and interest" which may have been acquired in the property through the above referenced legal concepts of adverse possession and a prescriptive easement. I really like what you said about being able to clear the airspace above your own property of overhanging tree limbs. The case may be different if the neighbor’s tree is dead. "Intentional Damage to Neighbor's Easement Leads to Charge of Malicious Mischief Against Property of Another," by Scott Meacham, National Legal Research Group. Attach your survey or plat map highlighting the disputed area. All these things I could face with perseverance. For example, the neighbor's hedge or fence is encroaching on your property. All deeds going back to 1914 to my deed give the same survey measurements. Adjoining property owners frequently encounter overhanging branches from a neighbor's tree, hedge or other vegetation. Issue 15, November 2014. the tree is mine, i want it to look good so i had it done. Neighbor’s Trees Overhanging Your Property? Our neighbor’s trees may often become troublesome, either because their branches block sunlight, yield unwanted pollen, acorns or leaves, or because they create a risk of injury or property damage. Most people assume that they are liable since it is their tree. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else's land punishable by a fine of up to $1,000 and up to six months in. "lawn", I own wherever it goes. This is not legal advice. This is not so. The Property Line. Find out the Top tips to deal with a neighbor disputes at LegalZoom. Last week he cut down one of my trees, which I confronted him about. Question: I have just realised my next-door neighbours have purloined a strip of my garden. For example, suppose a person builds a fence on her neighbor's adjacent property. For example, neighbors may reach an easement agreement allowing a partial encroachment to fit a driveway. If my neighbor had information like this, I would want to know it. Well my dear neighbor's super wide driveway is three feet from my bedroom wall so he is absolutely way over my property line. Trees As Encroachment Issues What Can I Do If My Neighbor's Tree Is On My Property? The Tree Problem A very common type of "encroachment" is when a tree, or any form of vegetation, grows onto or across somebody else's property. As a homeowner, you may have to deal with two types of "driveway encroachment. " One is a property-line issue that results when a neighbor's concrete driveway extends beyond her property line and. My neighbors fence is encroaching on my property. A quarrel over real estate property and boundary line disputes can raise questions of perplexity or uncertainty. There are several Maryland cases that look at marketability specifically in the context of encroachments of improvements onto a neighbor's property. For example, Virginia law permits you to trim a neighbor's tree branches if they encroach upon your property. Simple isn't it?.